Appellate Division of the Supreme Court of New York, 2008

In re Lourdes O.

Appellate Division of the Supreme Court of New York · Decided June 3, 2008

52 A.D.3d 203; 859 N.Y.S.2d 78

Cases that cite this one

18 later published cases cite this decision.

Matter of M.A.F. (M.F.) (Appellate Division of the Supreme Court of New York 2025)
Matter of Frederick T. (Maria T.) (Appellate Division of the Supreme Court of New York 2021)
Matter of Madisynn W. (Esprit L.) (Appellate Division of the Supreme Court of New York 2020)
Matter of Micah T. (Josette D.) (Appellate Division of the Supreme Court of New York 2019)
Matter of Kaniya D. (Queleen D.) (Appellate Division of the Supreme Court of New York 2018)
In re Wayne S. (Appellate Division of the Supreme Court of New York 2013)
In re Wayne S. (Appellate Division of the Supreme Court of New York 2013)
In re Isaiah M. (Appellate Division of the Supreme Court of New York 2013)
In re Isaiah M. (Appellate Division of the Supreme Court of New York 2013)
In re Anthony Wayne S. (Appellate Division of the Supreme Court of New York 2013)
In re Anthony Wayne S. (Appellate Division of the Supreme Court of New York 2013)
In re Steven A. (Appellate Division of the Supreme Court of New York 2012)
In re Steven A. (Appellate Division of the Supreme Court of New York 2012)
A., LESTARIYAH, MTR. OF (Appellate Division of the Supreme Court of New York 2011)
In re Lestariyah A. (Appellate Division of the Supreme Court of New York 2011)
In re Christian Anthony Y.T. (Appellate Division of the Supreme Court of New York 2010)
In re Demario J. (Appellate Division of the Supreme Court of New York 2009)
In re Tayquan B. (Appellate Division of the Supreme Court of New York 2008)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Orders of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about August 2, 2006, which, to the extent appealed from, terminated respondent father’s parental rights to the subject children upon a finding that he violated the terms of a suspended judgment, and committed custody and guardianship of the children to petitioner Commissioner of the Administration for Children’s Services for the purpose of adoption, unanimously affirmed, without costs.

The determination that respondent violated the conditions of the suspended judgment is supported by a preponderance of the evidence (see Matter of Shawna DD., 289 AD2d 892, 894 [2001]), including his failure to work diligently to obtain suitable housing for himself and his children, and to attend individual therapy and his children’s mental health appointments (see Matter of Aparicio Rodrigo B., 29 AD3d 351 [2006]). Lapses by the agency due to a transfer of the case from one agency to another did not relieve respondent of his responsibility to comply with the terms of the suspended judgment (see Matter of Jessica J., 44 AD3d 1132, 1133-1134 [2007]).

*204The circumstances presented do not warrant an extension of the suspended judgment for an additional year where respondent failed to demonstrate the “exceptional circumstances” required to extend a suspended judgment (Family Ct Act § 633 [b]), and where the record establishes that further efforts to reunite the family would not be in the best interests of the children (see Matter of Rigoberto M., 18 AD3d 405 [2005]). Concur— Lippman, PJ., Mazzarelli, Williams, Sweeny and Acosta, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.